[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3739 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3739

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  improve the Department of Justice drug court grant program, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2005

Mr. Boozman (for himself and Mr. Souder) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  improve the Department of Justice drug court grant program, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Courts Improvement Act of 
2005''.

SEC. 2. IMPROVEMENTS TO DEPARTMENT OF JUSTICE DRUG COURT GRANT PROGRAM.

    Section 2951 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797u) is amended by adding at the end the following 
new subsections:
    ``(c) Mandatory Drug Testing and Mandatory Sanctions.--
            ``(1) Mandatory testing.--Grant amounts under this part may 
        be used for a drug court only if the drug court has mandatory 
        periodic testing as described in subsection (a)(3)(A). The 
        Attorney General shall, by prescribing guidelines or 
        regulations, specify standards for the testing. The standards--
                    ``(A) shall ensure that--
                            ``(i) each participant is tested for every 
                        controlled substance or addictive substance 
                        that the participant has been known to abuse, 
                        and for every other commonly used controlled 
                        substance or addictive substance; and
                            ``(ii) the testing is as accurate as 
                        practicable; and
                    ``(B) may specify the regularity of the testing.
            ``(2) Mandatory sanctions.--Grant amounts under this part 
        may be used for a drug court only if the drug court imposes 
        immediate and dramatic punitive sanctions, therapeutic 
        measures, or both whenever a participant fails a drug test. 
        Such sanctions and measures may include, but are not limited 
        to, one or more of the following:
                    ``(A) Incarceration.
                    ``(B) Detoxification treatment.
                    ``(C) Residential treatment.
                    ``(D) Increased time in program.
                    ``(E) Termination from the program.
                    ``(F) Increased drug screening requirements.
                    ``(G) Increased court appearances.
                    ``(H) Increased counseling.
                    ``(I) Increased supervision.
                    ``(J) Electronic monitoring.
                    ``(K) In-home restriction.
                    ``(L) Community service.
                    ``(M) Family counseling.
                    ``(N) Anger management classes.
                    ``(O) Public apology (in written form, verbal form, 
                or both).
    ``(d) Hearings in Public Places.--Grant amounts under this part may 
be used by a drug court to carry out programs under which the court 
holds hearings in public places such as schools. Under such a program, 
the grant amounts may be used for expenses such as audio visual 
equipment, costs associated with televising or broadcasting court 
proceedings, security, educational supplies, and portable equipment. 
For each fiscal year, the Attorney General shall set aside a portion of 
the amounts made available for that fiscal year for programs under this 
subsection.''.
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